Court of Appeals of New Mexico
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Rule Set 12 - Rules of Appellate Procedure - cited by 9,435 documents
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STATE V. STRUBHAR
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STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
MICHAEL STRUBHAR,
Defendant-Appellant.
NO. 30,243
COURT OF APPEALS OF NEW MEXICO
May 13, 2010
APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY,
Stephen Bridgforth, District Judge
COUNSEL
Gary K. King, Attorney General, Santa Fe, NM, M. Anne Kelley, Assistant Attorney General, Albuquerque, NM, for Appellee
Hugh W. Dangler, Chief Public Defender, Aric G. Elsenheimer, Assistant Appellate Defender, Las Cruces, NM, for Appellant
JUDGES
CYNTHIA A. FRY, Chief Judge. WE CONCUR: JONATHAN B. SUTIN, Judge, RODERICK T. KENNEDY, Judge
AUTHOR:
MEMORANDUM OPINION
FRY, Chief Judge.
Defendant appeals from a judgment and sentence on one count of forgery entered after Defendant filed a conditional guilty plea [RP 177], reserving the right to appeal the denial of his motion to dismiss the indictment. We issued a calendar notice proposing to reverse because the forgery charge should have been brought in a previous prosecution. The State has responded by informing us that it will not be filing a memorandum in opposition. We therefore reverse the district court.
IT IS SO ORDERED.
CYNTHIA A. FRY, Chief Judge
WE CONCUR:
JONATHAN B. SUTIN, Judge
RODERICK T. KENNEDY, Judge